The boss throws the work services overboard at short notice and thus throws the plans of the employees into trouble. Is she actually allowed to do that?
Duty rosters are usually planned for the long term and with sufficient advance notice.
But unexpectedly, an employee is absent. Then supervisors try to close the gap. Colleagues have to step in – don’t they?
► “In companies with a works council, this point is usually regulated in a company agreement on the duty roster,” says Peter Meyer, a specialist lawyer for labor law in Berlin.
► If there is no company agreement, the conditions and deadlines that supervisors must comply with for changes are often stipulated in the employment contract.
Warn four days in advance
If there is no such regulation, managers usually have to inform their employees four days in advance, says Meyer. The same period applies to those who generally work on call.
The situation is different in emergencies. Supervisors can also change the duty roster at short notice.
According to the specialist lawyer for labor law, the following criteria can be used to determine when exactly an emergency or urgent case is involved: Is it an isolated case or is it a structural problem? Can’t anyone else take the shift?
An emergency does not exist if there are permanently too few staff assigned to the intended services.
In sectors with a chronic shortage of staff – for example in nursing – the maximum number of emergencies that a supervisor can call out can therefore be regulated to protect employees.
Objection must be justified
However, employees can object to the roster change if they have valid reasons. This includes, for example, long-planned or non-postponable doctor’s appointments. But it is also important to consider whether the manager’s request is still proportionate, says Meyer. For example, if the same employee always has to step in in an emergency, it is reasonable to object.
If such a case does not exist, employment lawyer Meyer advises employees to look into it. Ultimately, a refusal could be legally risky, he says. “If you refuse, the employer can, in the worst case, issue a warning.”
also read
►Can parents overwrite child sick leave?
►How do I become more quick-witted in everyday life?
Better to find an interpersonal solution
Basically, Peter Meyer recommends finding an interpersonal solution first. If the employee shows insight, he can hope that the employer will agree to changes to the duty roster. Conversely, he is also not obliged to make concessions.